What Is Considered Refusal to Cooperate with DUI Tests?
Merely by driving a vehicle in Colorado, you implicitly consent to undergo impairment tests when requested by law enforcement. Declining to participate in these tests will lead to an automatic one-year suspension of your driver’s license for the initial refusal, and the courts may consider this refusal as evidence against you.
However, there are various ways to decline cooperation beyond the straightforward act of verbal refusal. A police officer can cite any of the following as evidence of your non-cooperation:
- You say no
- If given the option between blood or breath tests, you decline to choose either.
- You decline signing an Express Consent Affidavit and Notice of Revocation when presented with one.
- You fail to not adhere to the officer’s instructions during testing
- You exhibit belligerent behavior during testing
- You refuse to give the required number of samples
- You decline to undergo a test until consulting with an attorney.
- If the selected test is unavailable, you decline to undergo the alternative test.
Should I Refuse a DUI Test?
Whether or not you should refuse a DUI (Driving Under the Influence) test is a complex decision. It depends on various factors, including the laws in your jurisdiction, the specific circumstances of your case, and potential consequences.
In many jurisdictions, there are typically two types of DUI tests: a field sobriety test (for example, walking in a straight line or standing on one leg) and a chemical test to measure blood alcohol concentration (BAC), usually through a breathalyzer, blood, or urine test.
Here are some considerations:
Implied Consent Laws: In many places, when you obtain a driver’s license, you implicitly agree to submit to chemical tests if you are lawfully arrested for DUI. Refusing a test may lead to penalties such as license suspension or fines, even if you’re not ultimately convicted of DUI.
Legal Consequences: Refusing a test may not prevent a DUI arrest or conviction. In some jurisdictions, refusing a test can be used against you in court as evidence of consciousness of guilt.
Severity of Penalties: In some cases, the penalties for refusing a DUI test can be less severe than those for a DUI conviction. However, this varies by jurisdiction.
Legal Representation: Seek guidance from an attorney specializing in DUI cases to comprehend the specific laws in your jurisdiction and receive advice tailored to your situation.
Field Sobriety Tests: Declining a field sobriety test may not entail identical legal repercussions as refusing a chemical test, yet it can still be utilized as evidence against you.
It’s important to note that laws regarding DUI tests vary widely, so it’s crucial to know the specific laws in your jurisdiction. Consult an attorney to understand your rights, the potential consequences of refusing a test, and the best course of action for your situation. Keep in mind that this information is not legal advice, and it is always recommended to seek legal counsel tailored to your specific situation.
In navigating the intricacies of DUI cases, understanding what constitutes a refusal to cooperate with DUI tests is pivotal. The legal landscape surrounding such incidents is nuanced and complex. As we’ve explored the various scenarios where individuals may be deemed to have refused to test, it becomes evident that legal consequences hinge on the specific circumstances of each case. Thomas & Ahnell, LLC, with their expertise in criminal defense, is well-equipped to guide individuals through these challenging situations. Whether it involves assessing the validity of the traffic stop, challenging the accuracy of the administered tests, or navigating constitutional rights, their adept legal team ensures a comprehensive approach. In essence, the determination of refusal to cooperate extends beyond a simple yes or no. The assistance of seasoned professionals like Thomas & Ahnell, LLC, is invaluable in safeguarding one’s legal rights and securing a fair and just resolution.
Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.